58 So. 497 | La. | 1912
The opinion handed down by the judge a quo reads as follows, to wit:
“The plaintiff claims from the defendant $7,-205.50 for actual damages and personal injuries sustained by being struck by an automobile owned by the defendant and operated by a chauffeur in his employment.
“On the night of June 7, 1909, plaintiff, who is a school teacher, and one of his girl scholars, alighted from a St. Charles street car at the corner of Gen. Taylor and St. Charles streets, and started across the street on his way home. At the time it was raining, and he held over himself an umbrella. There was an electric-light at the corner, and nothing to obstruct the view of the street, and he could easily have been seen for some distance.
“The chauffeur in charge of defendant’s automobile, his nephew, was out with the automobile for pleasure, not for business. He was running the auto at full speed allowed by law, if he was not speeding, and struck the plaintiff.
*649 “The evidence shows that there was a bright light there. Plaintiff was where he had the right to be, and could easily have been seen by the chauffeur in ample time to have avoided the accident, if he had been looking and had his automobile under proper control.
“The negligence was caused by the negligence of the chauffeur alone. The plaintiff was not guilty of negligence or contributory negligence. The defendant, the owner of the automobile, is liable for the damages sustained; but the plaintiff was not permanently injured. For the actual damages and for the pain and suffering and mental anguish the court considers $500 sufficient compensation.”
We agree with the judge a quo that the evidence does not show contributory negligence.
Judgment affirmed.